The Employment-Based Permit: Your Comprehensive Step-by-Step Guide – Reddy Neumann Brown PC

The employment-based green card process is a multi-step procedure that allows foreign nationals to live and work completely in the U.S. The process can be complicated and lengthy, but for those seeking long-term residency in the U.S., it is a vital action to attaining that goal. In this short article, we will go through the actions of the employment-based permit process in information.

Step 1: PERM/Labor Certification

The PERM/Labor Certification procedure is usually the primary step in the employment-based green card procedure. The procedure is created to guarantee that there are no qualified U.S. workers offered for the position which the foreign worker will not negatively affect the incomes and working conditions of U.S. workers.

Submit the Prevailing Wage Application

The employer starts the PERM procedure by drafting the job description for the sponsored position. Once the job details are finalized, a dominating wage application is submitted to the Department of Labor (DOL). The dominating wage rate is defined as the typical wage paid to likewise used workers in a specific profession in the location of designated employment. The DOL problems a Prevailing Wage Determination (PWD) based upon the specific position, job tasks, requirements for the position, the area of intended work, travel requirements (if any), among other things. The prevailing wage is the rate the employer should at least use the long-term position at. It is also the rate that must be paid to the employee once the permit is received. Current processing times for referall.us prevailing wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM policies need a sponsoring employer to test the U.S. labor market through different recruitment methods for “able, prepared, qualified, and readily available” U.S. workers. Generally, the company has 2 alternatives when choosing when to start the recruitment process. The employer can begin advertising (1) while the dominating wage application is pending or (2) after the PWD is provided.

All PERM applications, whether for an expert or non-professional occupation, require the following recruitment efforts:

– one month job order with the State Workforce Agency serving the location of desired employment;
– Two Sunday print advertisements in a newspaper of general blood circulation in the area of intended work, most suitable to the profession and most likely to bring reactions from able, prepared, qualified, and available U.S. workers; and
– Notice of Filing to be posted at the job site for a period of 10 consecutive organization days.

In addition to the obligatory recruitment mentioned above, the DOL requires 3 extra recruitment efforts to be posted. The company needs to select 3 of the following:

– Job Fairs
– Employer’s company site
– Job search website
– On-Campus recruiting
– Trade or professional organization
– Private employment firms
– Employee recommendation program
– Campus positioning workplace
– Local or ethnic paper; and
– Radio or TV advertisement

During the recruitment procedure, the company might be reviewing resumes and performing interviews of U.S. employees. The employer needs to keep comprehensive records of their recruitment efforts, consisting of the variety of U.S. employees who used for the position, the number who were interviewed, and the reasons they were not hired.

Submit the PERM/Labor Certification Application

After the PWD is released and recruitment is total, the employer can send the PERM application if no competent U.S. employees were found. Currently the DOL is taking 8 to 9 months to process PERM applications after submission. The day the PERM application is submitted develops the recipient’s top priority date and figures out his/her location in line in the green card visa line.

Respond to PERM/Labor Certification Audit (if any)

An employer is not needed to submit supporting paperwork when a PERM application is submitted. Therefore, the DOL carries out a quality assurance process in the form of audits to ensure compliance with all PERM policies. In case of an audit, the DOL usually needs:

– Evidence of all recruitment efforts undertaken (copies of advertisements put and Notice of Filing);.
– Copies of candidates’ resumes and finished work applications; and.
– A recruitment report signed by the employer explaining the recruitment steps carried out and the results accomplished, the number of hires, and, if suitable, the number of U.S. candidates declined, summarized by the particular lawful job-related factors for such rejections.

If an audit is provided on a case, 3 to 4 months are contributed to the total processing time of the PERM application.

Receive the Approved PERM/Labor Certification

If the PERM application is authorized, the employer will get it from the DOL. The authorized PERM/Labor Certification validates that there are no qualified U.S. employees offered for the position which the recipient will not negatively affect the salaries and working conditions of U.S. workers.

Step 2: I-140 Immigrant Petition

Once the PERM application has been approved, the next step is to file an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition needs to consist of the approved PERM application and evidence of the recipient’s credentials for the sponsored position. Please note, depending upon the preference classification and country of birth, a recipient may be eligible to submit the I-140 immigrant petition and the I-485 adjustment of status application simultaneously if his/her priority date is present.

At the I-140 petition stage, the employer should also demonstrate its capability to pay the beneficiary the proffered wage from the time the PERM application is filed to the time the green card is released. There are 3 ways to demonstrate capability to pay:

1. Evidence that the wage paid to the recipient amounts to or greater than the proffered wage (pay-stubs, W-2s);.
2. Evidence that the business’s earnings amounts to or greater than the proffered wage (yearly report, income tax return, or audited monetary declaration); OR.
3. Evidence that the company’s net properties are equal to or higher than the proffered wage (yearly report, tax return, or audited financial statement).

In addition, it is at this phase that the employer will choose the employment-based choice category for the sponsored position. The category depends upon the minimum requirements for the position that was listed on the PERM application and the staff member’s credentials.

There are a number of categories of employment-based permits, and each has its own set of requirements. (Please note, some categories might not require an approved PERM application or I-140 petition.) The classifications include:

– EB-1: Priority Workers.
– EB-2: Professionals Holding Advanced Degrees and Persons of Exceptional Ability.
– EB-3: Skilled Workers, Professionals, and Unskilled Workers (Other Workers).
– EB-4: Certain Special Immigrants.
– EB-5: Immigrant Investors

After the I-140 petition is filed, USCIS will examine it and may request additional information or documents by providing an Ask for Evidence (RFE).

Step 3: Permit Application

Once the I-140 immigrant petition is approved, the beneficiary will check the Visa Bulletin to figure out if there is a readily available permit. The real green card application can just be submitted if the recipient’s top priority date is existing, suggesting a permit is right away available to the beneficiary.

Every month, the Department of State publishes the Visa Bulletin, which summarizes the availability of immigrant visa (green card) numbers and shows when a green card has appeared to a candidate based upon their preference category, nation of birth, and concern date. The date the PERM application is submitted establishes the recipient’s concern date. In the employment-based migration system, Congress set a limitation on the number of green cards that can be issued each year. That limitation is presently 140,000. This suggests that in any given year, the optimum variety of permits that can be issued to employment-based candidates and their dependents is 140,000.

Once the recipient’s concern date is current, he/she will either go through change of status or consular processing to get the permit.

Adjustment of Status

Adjustment of status includes looking for the permit while in the U.S. After a change of status application is submitted (Form I-485), the beneficiary is informed to appear at an Application Support Center for biometrics collection, which usually includes having his/her picture and signature taken and being fingerprinted. This details will be utilized to conduct necessary security checks and for eventual development of a green card, work authorization (work authorization) or advance parole file. The beneficiary might be informed of the date, time, and area for an interview at a USCIS workplace to respond to questions under oath or affirmation concerning his/her application. Not all applications require an interview. USCIS officials will examine the recipient’s case to determine if it satisfies one of the exceptions. If the interview succeeds and USCIS authorizes the application, the beneficiary will receive the permit.

Consular Processing

Consular processing involves using for the permit at a U.S. consulate in the recipient’s home nation. The consular workplace establishes a consultation for the recipient’s interview when his/her priority date becomes current. If the consular officer grants the immigrant visa, the recipient is provided a Visa Packet. The recipient will pay a USCIS Immigrant Fee which is used by USCIS to process the Visa Packet and produce the permit. The recipient will provide the Visa Packet to the U.S. Customs and Border Protection (CPB) officer at the port of entry. The CBP officer will inspect and identify whether to confess the beneficiary into the U.S. If admitted, the recipient will receive the green card in the mail. The green card works as proof of in the U.S.